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[PREM FARE GONE] Mad-scl biz $280 return

[PREM FARE GONE] Mad-scl biz $280 return

Old Aug 6, 22, 3:41 am
  #1366  
 
Join Date: Jan 2018
Posts: 55
Originally Posted by mgo72 View Post

What is thé status of thé complaints in Spain?
EU law is quite clear unfortunately: the seller can cancel any internet sale if the price was erroneous, money back, no compensation.
The “I bought 1k tickets before” and “if I make a mistake, it’s final” brigades will jumps in, but the law is the law and as, at the time of booking, business optima (restricted) was 4k, business comfort was 3.5k and business flexible 1k. No judge will believe you when you claim there was no way you could have noticed the obvious error, specially as the three fares were displayed next to each other with their respective perks and restrictions.

Last edited by patvd; Aug 6, 22 at 4:11 am
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Old Aug 6, 22, 4:09 am
  #1367  
 
Join Date: Jun 2022
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My friend got the dreaded call from IB earlier today too. Pretty much the same story as above. Her flights are in February.
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Old Aug 6, 22, 5:41 am
  #1368  
 
Join Date: Jun 2022
Location: Madrid
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That is not accurate, plenty of previous cases where the judges ruled on the consumer side. A very big case last year: https://www.lavanguardia.com/vida/20...s-baratos.html
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Old Aug 6, 22, 6:58 am
  #1369  
 
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Large 29 page document filed by LATAM lawyer in response to this case for a lot of the RPs filed, at least in court Talca

Seems to be a lot of “mistakes” in their filing, they state:

1) that Iberia never sold this same fare on their own website and instead blaming the travel agencies - which is false, Iberia absolutely did sell this €304 fare on their website
2) LATAM keep on stating that our tickets were on codeshares - also not true
3) States that the court was not informed by Klaus et al that the tickets were in business class - they absolutely were informed, numerous times

Lots of other things or selective “proof” from the latam lawyer
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Old Aug 6, 22, 9:32 am
  #1370  
 
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Originally Posted by patvd View Post
EU law is quite clear unfortunately:
There is no such thing as “EU law”. You’re just making stuff up.
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Old Aug 6, 22, 3:26 pm
  #1371  
 
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Originally Posted by ChocolateFactory View Post
There is no such thing as “EU law”. You’re just making stuff up.

Seriously?
Have a look here:
https://eur-lex.europa.eu/homepage.html
EU law even has primacy over the national law of the EU countries.
What about an apology for your rude comment?
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Old Aug 6, 22, 4:13 pm
  #1372  
 
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Only EU directives are effective as laws. Everything else has to be translated into national laws. So you would still be dealing with Spanish law.
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Old Aug 6, 22, 5:27 pm
  #1373  
 
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Originally Posted by ChocolateFactory View Post
Only EU directives are effective as laws. Everything else has to be translated into national laws. So you would still be dealing with Spanish law.
And this is what the EU directive, aka EU primary law, on consumer rights says:
If you place an order, a purchase agreement is established. A (online) purchase is basically a binding agreement, but there is an exception to the rule. If it is clear that the price indication is wrong, for example in the case of exorbitantly high discounts or an extremely low price, the seller can cancel the order. You should not have assumed that the price was correct and for that reason the seller does not have any obligation to deliver. The seller does have to correct the mistake on the website (as soon as possible).
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Old Aug 6, 22, 6:33 pm
  #1374  
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Originally Posted by pmarrsouth View Post
Large 29 page document filed by LATAM lawyer in response to this case for a lot of the RPs filed, at least in court Talca

Seems to be a lot of “mistakes” in their filing, they state:

1) that Iberia never sold this same fare on their own website and instead blaming the travel agencies - which is false, Iberia absolutely did sell this €304 fare on their website
2) LATAM keep on stating that our tickets were on codeshares - also not true
3) States that the court was not informed by Klaus et al that the tickets were in business class - they absolutely were informed, numerous times

Lots of other things or selective “proof” from the latam lawyer
Is LATAM's filing publicly available?
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Old Aug 6, 22, 8:11 pm
  #1375  
 
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Just arrived in LIM on Iberia A350 in J class. Which was full in the back but only about 70% full in J. I’m on the reinstated J class ticket from the Recurso filed last month.

I called LATAM 21 times since the ticket was reinstated as they never called me to collect the fare for the new ticket. I was told by every single agent on the phone that “somebody” will be contacting me in “couple of hours”. Evidently that never happened and I have to keep calling back everyday and explain to them my situation. IB Website shows the flights intact and allowed me to check in and download the boarding passes. No abnormality during check in at MAD. Latam website however returns an error message when trying to retrieve the booking the night before the flight which made me a little anxious. Just checked in with the LATAM agent here at LIM for the flight to SCL and got the boarding pass with no issue. “F” for LATAM for their inefficiency and incompetence even when I proactively try to hand them my money. “B+” for Iberia for their superb in flight service, purser recognized my OWE status, addressed me by my surname and prioritized my meal order. Points taken off for IFE needed restart twice inflight.
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Old Aug 6, 22, 9:34 pm
  #1376  
 
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Originally Posted by danger View Post
Is LATAM's filing publicly available?
Yes, all are public

https://oficinajudicialvirtual.pjud.cl
click on "Countulta causas"
click by name: LATAM

Corte Apelaciones
and 2022 for Ano
hit search. all those docs are there

For the 27-30 page lol responses by LATAM, you can check CA de Talca for the court

Originally Posted by sfosuw View Post
I called LATAM 21 times since the ticket was reinstated as they never called me to collect the fare for the new ticket.
Amazing that they do not allow some to fly it (or get tickets reinstated) and for others they do not even want the $$$ for reinstated tickets!!! Free is great! Keep us updated on what happens over the next few weeks. Maybe can get another set of flights out of it?

LATAM are being insanely generous with some of these tickets, from what I have read. Allowing change dates by months, allowing departures from cities hundreds of miles away from the bought MAD start point, etc
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Old Aug 6, 22, 11:09 pm
  #1377  
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Originally Posted by pmarrsouth View Post
Yes, all are public

https://oficinajudicialvirtual.pjud.cl
click on "Countulta causas"
click by name: LATAM

Corte Apelaciones
and 2022 for Ano
hit search. all those docs are there

For the 27-30 page lol responses by LATAM, you can check CA de Talca for the court
Thank you. Can you be a little more specific? I don't speak Spanish (or is Portuguese?)? After clicking on "Countulta causas", do I stay on the first tab, "Busqueda por RIT"? Where do I enter "LATAM"?
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Old Aug 6, 22, 11:12 pm
  #1378  
 
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Originally Posted by danger View Post
Thank you. Can you be a little more specific? I don't speak Spanish (or is Portuguese?)? After clicking on "Countulta causas", do I stay on the first tab, "Busqueda por RIT"? Where do I enter "LATAM"?

Búsqueda por Nombre >>> Persona Jurídica


google chrome has been free for a few years
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Old Aug 6, 22, 11:23 pm
  #1379  
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Originally Posted by pmarrsouth View Post

Búsqueda por Nombre >>> Persona Jurídica


google chrome has been free for a few years
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Old Aug 6, 22, 11:33 pm
  #1380  
 
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Originally Posted by danger View Post
As per post 1376

All the documents are in spanish, as it’s a court in a spanish speaking country
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